PERU Ministry of Economy and Finance
SMV
Superintendency of the Stock Market of Securities

“Decade of Equal Opportunities for Women and Men” "Year of the Bicentennial, of the consolidation of our Independence, and of the commemoration of the heroic battles of Junín and Ayacucho"

Miraflores, 27 September 2024

CIRCULAR Nº 394-2024-SMV/11.1

Messrs.
Issuers of the General Regime
Present.-

Ref.: File Nº 2024040530

I am writing to you regarding the obligations that issuers of securities registered in the Public Registry of the Stock Market – RPMV under the Superintendency of the Stock Market – SMV have, among which is the obligation to disseminate material facts in a truthful, sufficient and timely manner, as provided by Article 27 of the Stock Market Law, Legislative Decree No. 861 and its amendments, and by the Regulation on Material Facts and Confidential Information, approved by SMV Resolution No. 005-2014-SMV/11.1 and its amendments (hereinafter, the Material Facts Regulation).

In this regard, within the framework of Articles 3, 4 and 5 of the Material Facts Regulation, and considering that your company, at the time of submitting its individual or separate interim financial statements as of 30 June 2024, declared that it is obligated to submit information on the monthly position of its financial derivative instruments, it is necessary to remind your company of its obligation to disseminate as a material fact the monthly position in financial derivative instruments, according to item 18.11 Annex 1 and Annex 2 “Monthly position in financial derivative instruments” of the Material Facts Regulation, which provides as follows:

« Annex 2 Monthly position in financial derivative instruments

(…)

4. The obligated issuer must submit, within the ten (10) business days following the close of each month, a material fact with the following detail of its derivative instruments updated as of the reporting date:

1. Derivative Instrument.

2. Purpose.

3. Notional Amount.

4. Asset / Liability or Variable that the derivative hedges.

[1] “Monthly position in financial derivative instruments. In accordance with the provisions of Annex 2”.

Electronic document fi signed digitally within the framework of Law No. 27269, Ley de Fi Signatures and Digital Certificates, its Regulations and amendments. The integrity of the document and la autoría de la( s) fi rma( s) can be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml

Electronic document fi signed digitally within the framework of Law No. 27269, Ley de Fi rules and Digital Certificates, its Regulations and amendments. The integrity of the document and la autoría de la( s) fi rma( s) can be verified at https://apps. fi rmaperu.gob.pe/web/validador.xhtml

5. Currency.

6. Fair value of the derivative instrument at the close of the reporting month

7. Amount of total accumulated gain / loss for the year from financial derivative instruments.

8. Other relevant or explanatory information at the Issuer's discretion.

(…)»

In this sense, you are urged to adopt, within the framework of the duty of diligence, the necessary measures to comply with the aforementioned obligation, which has a deadline of 16 October 20242.

Likewise, you are reminded that the material fact must be sent using the “Monthly Position Form for Financial Derivative Instruments”, for which you must attach the template found in the material facts section of the MVNet3 System.

In the event that, as of the date of receipt of this circular, your company has complied with the aforementioned obligation, we would appreciate you disregarding the above.

Finally, it should be noted that this circular does not require a response from your client; as well as that said document is of a preventive and referential nature, and therefore does not exempt your client from its responsibility to know and observe the securities market regulations and to fully comply with its obligations to submit the information applicable to it.

Without further ado, I remain at your disposal.

Sincerely,
Alix Godos
General Superintendent
General Superintendent's Office of Conduct Supervision

[2] However, said period is subject to the provisions of art. 183 numeral 5 of the Peruvian Civil Code: «A period whose last day is a non-working day expires on the first following day».

[3] Use the corresponding path in MVNet: Obligaciones de información>> Hechos de Importancia >>18.1 Posición mensual en instrumentos financieros derivados.